Referred to Committee on Human Resources and Facilities
SUMMARY--Requires board of pharmacy to place flunitrazepam in schedule I of the schedule of controlled substances. (BDR 40-311)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to controlled substances; requiring the board of pharmacy to place flunitrazepam in schedule I of the schedule of controlled substances; increasing the penalty for certain offenses involving flunitrazepam; providing a civil penalty for certain offenses involving flunitrazepam; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
The board shall place in schedule I flunitrazepam and each substance for which flunitrazepam is an immediate precursor.
Sec. 2 NRS 453.011 is hereby amended to read as follows:
453.011 1. NRS 453.011 to 453.348, inclusive, and section 1 of this act, may be cited as the Uniform Controlled Substances Act.
2. The Uniform Controlled Substances Act (1990) is substituted in a continuing way for the provisions of NRS 453.011 to 453.348, inclusive, except as those provisions are specifically amended.
Sec. 3 NRS 453.146 is hereby amended to read as follows:
453.146 1. The board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and , except as otherwise provided in section 1 of this act, may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.
2. In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) The state of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychic or physiological dependence liability; and
(h) Whether the substance is an immediate precursor of a controlled substance.
3. The board may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors.
4. After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and adopt a regulation controlling the substance if it finds the substance has a potential for abuse.
5. The board shall designate as a controlled substance a steroid or other product which is used to enhance athletic performance, muscle mass, strength or weight without medical necessity. The board may not designate as a controlled substance an anabolic steroid which is:
(a) Expressly intended to be administered through an implant to cattle, poultry or other animals; and
(b) Approved by the Food and Drug Administration for such use.
Sec. 4 NRS 453.2182 is hereby amended to read as follows:
453.2182 [If] Except as otherwise provided in section 1 of this act, if a substance is designated, rescheduled or deleted as a controlled substance pursuant to federal law, the board shall similarly treat the substance pursuant to the provisions of NRS 453.011 to 453.552, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984 (21 U.S.C. § 811(h)), unless within the 60-day period, the board or an interested party objects to the treatment of the substance. If no objection is made, the board shall adopt, without making the determinations or findings required by NRS 453.166, 453.176, 453.186, 453.196, 453.206 or subsections 1 to 4, inclusive, of NRS 453.146, a final regulation treating the substance. If an objection is made, the board shall make a determination with respect to the treatment of the substance as provided by subsections 1 to 4, inclusive, of NRS 453.146. Upon receipt of an objection to the treatment by the board, the board shall publish notice of the receipt of the objection, and action by the board is stayed until the board adopts a regulation as provided by subsection 4 of NRS 453.146.
Sec. 5 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.